Human Tissue Act 2004

21Procedure on reconsiderationE+W+N.I.

This section has no associated Explanatory Notes

(1)Reconsideration shall be by way of fresh decision.

(2)On reconsideration—

(a)the person by whom reconsideration is required (“the appellant”) shall be entitled to require that he or his representative be given an opportunity to appear before and be heard by the appeals committee dealing with the matter,

(b)at any meeting at which such an opportunity is given, the person who made the decision which is the subject of reconsideration shall be entitled to appear and be heard in person or by a representative, and

(c)the appeals committee dealing with the matter shall consider any written representations received from the appellant or the person who made the decision which is the subject of reconsideration.

(3)The appeals committee by which a decision is reconsidered in pursuance of a notice under section 19 shall give the appellant notice of its decision.

(4)If on reconsideration an appeals committee upholds the previous decision, the notice under subsection (3) shall include a statement of the reasons for the appeals committee’s decision.

(5)The Authority may by regulations make such other provision about procedure in relation to reconsideration as it thinks fit.

(6)Where reconsideration of a decision—

(a)is required under section 19(2) or (4) by only one of two persons by whom it could have been required, or

(b)is required under section 19(4) by only one or two of three persons by whom it could have been required,

it shall be treated for the purposes of this section as required by both or (as the case may be) all of them.

(7)In this section, “reconsideration” means reconsideration in pursuance of a notice under section 19.

Modifications etc. (not altering text)

C1Ss. 20-24 applied (with modifications) (25.5.2007 for specified purposes, 5.7.2007 in so far as not already in force) by Human Tissue (Quality and Safety for Human Application) Regulations 2007 (S.I. 2007/1523), reg. 1(2)(3)8(2)(c)8(4) (with reg. 2(3))

Commencement Information

I1S. 21 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)

I2S. 21 in force at 1.3.2006 for specified purposes by S.I. 2006/404, art. 2(3)(4), Sch. (with arts. 4-6)

I3S. 21 in force at 7.4.2006 for specified purposes by S.I. 2006/404, art. 3(3), Sch. (with arts. 4-6)

I4S. 21 in force at 31.7.2006 for specified purposes by S.I. 2006/1997, art. 2, Sch. (with art. 4)

I5S. 21 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)